OIC - Law Enforcement Flashcards
In relation to Law Enforcement, what does 14 U.S.C. 2 state?
The Coast Guard shall enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States.
What are the five fundamental sources of Coast Guard enforcement authority?
Maritime Law Enforcement (MLE);
Customs;
Protection and Security of Vessels, Harbors, and Waterfront Facilities, including Law Enforcement (LE) Ashore;
Assistance; and
Coast Guard Investigative Service (CGIS) Special Agents.
What does 14 U.S.C. 89a state?
The Coast Guard may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the United States has jurisdiction, for the prevention, detection, and suppression of violations of laws of the United States. For such purposes, commissioned, warrant, and petty officers may at any time go on board of any vessel subject to the jurisdiction or to the operation of any law of the United States, address inquiries to those on board, examine the ship ’s documents and papers, and examine, inspect, and search the vessel, and use all necessary force to compel compliance.
What gives Coast Guard petty officers, warrant officers, and commissioned officers customs authority.
14 U.S.C. 143 and 19 U.S.C. 1401
What is MARSEC 1?
MARSEC 1 is the Coast Guard’s baseline security posture.
What is MARSEC 2?
MARSEC 2 is an increased security posture, normally set when there is a perception of heightened general risk.
What is MARSEC 3?
MARSEC 3 is the Coast Guard’s most focused security posture, normally set when attack is deemed imminent or has already occurred.
What does the Magnuson Act give the Coast Guard?
National Security Authority
What is a Key Port Area?
Key Port Areas are zones within ports or along navigable waterways where heavily populated areas, DoD assets, choke points, or Maritime Critical Infrastructure/Key Resources (MCI/KR) would be vulnerable to attacks.
What is Maritime Critical Infrastructure/Key Resources (MCI/KR)?
MCI/KR are facilities, structures, systems, assets or services so vital to the port and its economy that their disruption, incapacity, or destruction would have a debilitating impact on defense, security, the environment, long-term economic prosperity, public health, or safety of the port.
What is the definition of jurisdiction?
Jurisdiction is a government’s power to exercise legal authority over its persons, vessels, and territory.
What are the three elements of jurisdiction?
Substantive law;
Vessel status/flag; and
Location.
What is the definition of substantive law?
A substantive law is one that prohibits certain action or requires affirmative conduct.
Who has jurisdiction over vessels without nationality, or those assimilated as such?
In general, vessels (or aircraft) without nationality, and those assimilated as such, are subject to the jurisdiction of any nation.
What is Force Majeure?
The principle of force majeure means that a vessel forced into coastal State waters by virtue of distress, whether brought about by natural or man-made causes, is generally not subject to coastal State jurisdiction during a reasonable period of time necessary to remedy such distress.
What is Transit Passage?
Transit passage is the right of non-interference for a vessel or aircraft transiting through a foreign territorial sea that comprises an international strait used for navigation between areas of international waters.
What is Peace of the Port?
Under the “peace of the port” doctrine, the U.S. may choose to refrain from asserting its jurisdiction over foreign flag vessels in its territorial sea and internal waters, leaving control of the matter to the flag State.
What is Innocent Passage?
Innocent passage is the right of non-interference for a vessel transiting inbound, outbound, or through a foreign territorial sea.
What is Assistance Entry?
Assistance entry is the right of non-interference for a vessel (or aircraft in certain circumstances) to enter a foreign territorial sea to conduct a bona fide rescue of those in danger or distress at sea.
What is the Exclusive Economic Zone?
International law allows for the establishment of an EEZ, adjacent to the territorial sea and extending 200 nautical miles (NM) from the baseline, in which a coastal State may exercise the control necessary to protect natural resources.
What is the Contiguous Zone?
International law allows for the establishment of a contiguous zone, adjacent to the territorial sea and extending 24 NM from the baseline, in which a coastal State may exercise the control necessary to prevent and punish infringements of its fiscal, immigration, sanitary, and customs laws.
What are FISC laws?
U.S. Fiscal, Immigration, Sanitary, and Customs
What are some examples of universal crimes?
Piracy
Transport of Slaves
Unauthorized Broadcasting
What is Right of Approach?
Under international law, a warship, military aircraft, or other duly authorized vessel may approach in international waters any vessel, other than a warship or government vessel on non-commercial service, to verify its nationality.
What is a Consensual Boarding?
A “consensual boarding” means the master or person in charge of a foreign flagged vessel, Boarding other than a warship, on the high seas or other waters not within coastal State jurisdiction consents to the boarding of his/her vessel, regardless of whether the team otherwise has jurisdiction to board.
What needs to happen if you are taking media or observers along on a boarding?
District Commander has approved the request to accompany the boarding team;
The media or other observers have obtained the owner/operator’s permission to be present before boarding the vessel; and
No media or other observer shall embark the boarded vessel until the boarding team has completed the BISS and the Boarding Officer has authorized embarkation.
Is the standard boarding team authorized to conduct a security boarding on 300 gross tons or greater, or are additional people required?
For Security Boarding’s greater than 300 gross tons, teams shall be comprised of a minimum of 6 qualified armed LE personnel, at least one of whom shall be a certified Coast Guard Boarding Officer.
Who does the Coast Guard conduct LE intelligence database checks through?
DHS National Targeting Center (NTC)
What is a Basic Initial Safety Sweep (BISS)?
A quick and limited protective inspection of a vessel for boarding team safety.
What is a Extended Initial Safety Sweep (EISS)?
Part of the protective sweep (BISS) of a vessel for the safety of the boarding team, but is more focused.
What is the Fourth Amendment?
The Fourth Amendment protects U.S. persons and foreign persons in U.S. territory from searches that unreasonably interfere with a person’s reasonable expectation of privacy, and thus applies to inspections conducted to ensure compliance with governmental regulations.
Are post SAR boarding’s required?
If practicable, units shall conduct a boarding of all U.S. vessels receiving SAR assistance, either at-sea or after the vessel is moored.
Can you board a Coast Guard Auxiliary vessel?
Auxiliary vessels are subject to LE boarding’s. However, when under Coast Guard orders, such as for SAR or regatta patrols, Auxiliary vessels should normally not be boarded.
What is the definition of detention?
Detention of a person is the temporary limitation of that person’s freedom of movement.
What is the definition of authority?
Authority is the government’s legal power to act.
What does 14 U.S.C. 141 say?
14 U.S.C. 141 allows federal, state, and local agencies to request Coast Guard LE assistance when Coast Guard facilities and persons are especially qualified to perform a particular activity.
What are considered internal waters?
Internal waters for the U.S. are those shoreward of the baseline, including all waters on the U.S. side of the international boundary of the Great Lakes.
What are exclusive state waters?
Internal waters wholly within a single state.
What areas fall under the SMTJ?
High seas
U.S. vessels in foreign waters
Great lakes
Federal reservations
Lands/Waters not within nor between the 50 states
Territorial Seas
What is considered territorial sea?
The waters 12 nautical miles wide adjacent to the coast of the United States and seaward of the baseline.
What are considered customs waters?
Customs waters for the U.S. are generally those waters shoreward of a line drawn 12 NM from the baseline (including territorial sea and internal waters with ready access to the sea).
